Smoking in Public
2C:33-13. Smoking in
Public. a. Any person who smokes or carries lighted
tobacco in or upon any bus or other public
conveyance, except group charter buses, specially
marked railroad smoking cars, limousines or livery
services, and, when the driver is the only person in
the vehicle, autocabs, is a petty disorderly person.
For the purposes of this section, "bus" includes
school buses and other vehicles owned or contracted
for by the governing body, board or individual of a
nonpublic school, a public or private college,
university, or professional training school, or a
board of education of a school district, that are
used to transport students to and from school and
school-related activities; and the prohibition on
smoking or carrying lighted tobacco shall apply even
if students are not present in the vehicle.
b.Any person who
smokes or carries lighted tobacco in any public
place, including but not limited to places of public
accommodation, where such smoking is prohibited by
municipal ordinance under authority of R.S.40:48-1
and 40:48-2 or by the owner or person responsible
for the operation of the public place, and when
adequate notice of such prohibition has been
conspicuously posted, is guilty of a petty
disorderly persons offense. Notwithstanding the
provisions of 2C:43-3, the maximum fine which can be
imposed for violation of this section is $200.
c.The provisions of this section shall supersede any
other statute and any rule or regulation adopted
pursuant to law.
L.1978, c.95; amended 1979, c.178, s.66A; 1985,
c.187; 2003, c.233.